1964-022 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS, REGULATING THE CONSTRUCTION OF
FENCES ON ALL LOTS WITHIN THE CITY, REQUIRING PERMITS,
ESTABLISHING PERMIT FEES, REQUIRING INSPECTIONS,
PROVIDING FOR APPEALS, PROVIDING FOR A PENALTY NOT TO
EXCEED TWO HUNDRED DOLLARS ($200 00) FOR EACH OFFENSE,
AND DECLARING AN EMERGENCY
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That the Code of Ordinances of the City of Denton, Texas, is
hereby amended to include new Article 4 501 in Chapter Four, Part
One, of said Code of Ordinances which shall hereafter read as
follows
4 501 Fences
(a) PERMITS REQUIRED. It shall be unlawful for any
person to construct a fence of any kind on any lot
without having flrst obtained a building permit
therefor from the office of the Building Inspector
(b) PERMIT FEES Prior to the ~ssuance of any
such building permlt, a fee in the amount of Two Dollars
($2 00) must accompany the application for such
permit payable to the City of Denton, for the issuance
of the permit and the inspection to be made upon
completion of the fence
(c) PUBLIC PROPERTY No fence, guy wires, braces or
any part of such fence shall be constructed upon or
caused to protrude over any City easement or pub!~c
property unless expressly provided for
(d) HAZARDOUS FENCES No barbed wire, glass lmbeded,
spiked, or electrified fences are permitted an high
density areas, or any other fence which is deemed hazardous
or dangerous to persons
(e) CORNER LOTS No fence, wall, hedge or shrub shall
be constructed, planted or permitted to remain which
obstructs s~ght l~nes at elevations between two and slx
feet above the top of the roadway curb line upon any
corner lot within the triangular area formed by the
street property l~nes and a line connecting them at
points 25 feet from the ~ntersect~on of such street
l~nes or from the ~ntersect~on of the street property
lines extended where such lots are located upon a curve
and having a rounded property corner
(f) GATES Any gate installed within an easement
of the City of Denton, as provided for in Article
13 09 (1) of this Code, as amended, shall conform
to the specifications as indicated on Exhibit C which
is kept in the office of the Building Inspector and
made a part hereof, the same as if copied in full
herein
(g) INSPECTIONS When any such fence is completed
it must be inspected The Building Inspector's
Office shall be notified upon completion of the
fence The Building Inspector will Issue a card of
acceptance if the fence complies with the provisions
of this ordinance or it will be re3ected All fences
constructed under the provisions of the ordinance shall
be maintained so as to comply with the requirements
of this ordinance at all times
(h) APPEALS Any appeal from a decision of the
Building Inspector under the terms of this ordinance
shall be made to the Board of AdDustment
(1) PENALTY Any person violating any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor
and upon conviction in Corporation Court shall be
sub3ect to a fine not to exceed Two Hundred ($200 00)
Dollars for each offense and each day any such violation
shall continue shall be deemed a separate offense
SECTION II
That all ordinances or sections of ordinances in conflict with
any of the provisions of this ordinance are hereby repealed
provided however that nothing in this ordinance shall be construed ~
as to amend, alter, change or repeal any provision of the
Comprehensive Planning and Zoning Ordinance or Building Regulations
and in the event any provision of this ordinance does so conflict
the provisions of the Comprehensive Planning and Zoning Ordinance
or Building Regulations shall control
SECTION III
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this Ordinance, or application thereof to any
person or circumstances is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portions of this Ordinance, and the City Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such invalidity
SECTION IV~
That because the present ordinances of the City of Denton are
inadequate to regulate the construction of fences in the City and
creates an urgency and an emergency, the preservation of the public
health, safety and welfare requires that this ordinance take effect
immediately after ~ts passage and the publication of the caption
as the Charter and law in such cases provides, and the City Secretary
is hereby directed to cause this caption to be published twice
· n the Denton Record Chronlcle within ten (10) days of the date of
· ts passage
PASSED AND APPROVED this 2~day of ,~p~, / ,
/
A D , 1964
Warren Whltson, Jr , Mayor
City of Denton, Texas
ATTEST
City of Denton, Texas
APPROVED AS TO LEGAL FORM
J Q Barton, C~ty Attorney
of Denton, Texas